- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.
This Act shall not apply to—
(a)the royal parks ; nor
(b)any land belonging to His Majesty in right of His Crown or of His Duchy of Lancaster ; nor
(c)any garden, ornamental ground, or ornamental land for the time being under the management of the Commissioners of Works or of the Commissioners for the time being acting under the [14 & 15 Vict. c. 96.] Crown Estate Paving Act, 1851; nor
(d)any metropolitan common within the meaning of the Metropolitan Commons Acts, 1866 to 1898 ; nor
(e)any land belonging to either of the honourable Societies of the Inner Temple and Middle Temple.
In this Act, unless the context otherwise requires,—
The expression " open space " means any land, whether inclosed or not, on which there are no buildings or of which not more than one-twentieth part is covered with buildings, and the whole or the remainder of which is laid out as a garden or is used for purposes of recreation, or lies waste and Unoccupied :
The expression " common council of the City of London " means the mayor, aldermen, and commons of the City of London in common council assembled:
The expression " owner "—
used in relation to an open space (not being a burial ground), means any person in whom the open space is vested for an estate in possession during his life or for any larger estate ;
used in relation to a house, includes any person entitled to any term of years in the house;
used in relation to a burial ground, means the person in whom the freehold of the burial ground is vested whether as appurtenant or incident to any benefice or cure of souls or otherwise :
The expression " occupier, " used in relation to a house, means the person rated to the relief of the poor in respect of the house :
The expression " burial ground " includes any churchyard, cemetery, or other ground, whether consecrated or not, which has been at any time set apart for the purpose of interment :
The expression " disused burial ground " means any burial ground which is no longer used for interments, whether or not the ground has been partially or wholly closed for burials under the provisions of a statute or Order in Council :
The expression " building " includes any temporary or movable building.
(1)In the application of this Act to Ireland—
(a)References to the [38 & 39 Vict. c. 55.] Public Health Act, 1875, shall be construed as references to the [41 & 42 Vict. c. 52.] Public Health (Ireland) Act, 1878, and the reference to sections one hundred and eighty-two to one hundred and eighty-six of the first-mentioned Act shall be construed as a reference to sections two hundred and nineteen to two hundred and twenty-three of the latter Act ;
(b)Reference to any local or private Act of Parliament shall be construed as including any Act of the Parliament of Ireland ;
(c)References to the Charity Commissioners shall be construed as references to the Commissioners of Charitable Donations and Bequests for Ireland ;
(d)The provisions of this Act so far as they relate to county and parish councils shall not apply.
(2)Nothing in this Act shall apply to any land for the time being under the management of the Commissioners of Public Works in Ireland, or belonging to the benchers of the King's Inns in Dublin.
This Act shall not extend to Scotland.
The Acts mentioned in the schedule to this Act are hereby repealed to the extent specified in the third column of that schedule :
Provided that—
(a)Nothing in this repeal shall affect the validity or operation of any byelaw made under any enactment so repealed, but all such byelaws shall continue in force as if made under that Act, and may be revoked and altered accordingly ; and
(b)Nothing in this repeal shall affect any order of a county council under any enactment repealed investing a parish council with the powers of the Open Spaces Acts, 1877 to 1890, and every parish council in respect of which such an order has before the commencement of this Act been made, shall be deemed to be a parish council invested with the powers of this Act by an order of the council of the county within which the parish is situate.
This Act shall come into operation on the first day of January nineteen hundred and seven.
This Act may be cited as the Open Spaces Act, 1906.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: